Post-Conviction Relief for Immigrants
§ 9.1 I. Introduction
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This chapter will cover selected practical topics relevant to obtaining post-conviction relief in state and federal courts, with the goal of eliminating or ameliorating adverse immigration consequences flowing from criminal convictions and sentences. Since it is difficult to research the law in all 51 jurisdictions, this chapter will outline several issues and provide selected authorities.
This chapter will not cover the practical aspects of investigating, evaluating, or researching a post-conviction case, or the substantive or procedural requirements pertaining to the different vehicles for vacating convictions or sentences. Similarly, it will not cover the area of state rehabilitative statutes, such as expungements or pardons. Finally, it will not cover how to obtain a safe disposition after the conviction or sentence has been vacated or reduced. These topics are covered elsewhere.
The following topics will be addressed in this chapter.
